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DEVICESCAPE SOFTWARE LICENSE AGREEMENT

DEVICESCAPE WPA_SUPPLICANT SOFTWARE PACKAGE

 

NOTICE TO USERS:

READ THE FOLLOWING LEGAL AGREEMENT CAREFULLY BEFORE USING THE DEVICESCAPE Software for the Devicescape WPA_Supplicant package, which includes: (i) wpa_supplicant software source code (“wpa_supplicant Software Source Code”), (ii) Devicescape proprietary software and documentation, which specifically includes the following: (a) software binaries for WinXP and Linux platforms (the “Binaries”), (b) Devicescape WiFi interoperability test reports for the binaries in item (ii)(b) (the “Test Reports”), and (c) Devicescape technical readme and configuration documentations (the “Documentation”). The Binaries, Test Reports and Documentation is collectively referred to as the (“Devicescape Proprietary Software”). The wpa_supplicant Software Source Code and the Devicescape Proprietary Software is collectively referred to as the (“Software”).

 

DEVICESCAPE LICENSES THIS SOFTWARE PRODUCT TO YOU SUBJECT TO THE TERMS CONTAINED IN THIS SOFTWARE LICENSE AGREEMENT. READ THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT CAREFULLY. BY SELECTING THE “I AGREE” RADIO BUTTON YOU AGREE ON YOUR BEHALF OR ON BEHALF OF ANY CORPORATE ENTITY WHICH EMPLOYS YOU OR WHICH YOU REPRESENT TO THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT, SELECT THE “I DO NOT AGREE” RADIO BUTTON AND THE DOWNLOAD PROCESS WILL NOT CONTINUE.

 

NOTICE TO CUSTOMER

If you do not agree to the terms of this Software License Agreement, do not download, install, activate, or use this software. This Software License Agreement is a contract between you (either an individual or an entity) and Devicescape Software, Inc. (“Devicescape”), which governs your use of this Devicescape software product that accompanies this Software License Agreement and related software components, which may include associated media, printed materials, and online or electronic documentation.

INSTALLATION WARNING

Installing the software package provided with this Software License Agreement on your computer will modify some of the existing software stored in memory on your computer, including existing software that may be integral to your computer. This may void the warranty provided to you by your computer manufacturer, and/or result in loss of computer data or functionality.

1. LICENSE GRANT.

Subject to Your compliance with the terms and conditions of this Agreement, and during the Term provided hereunder, Devicescape hereby grants to You a non-exclusive, non-transferable license, without the rights to sublicense, to (a) use the Software internally only and solely in accordance with its documentation; (b) manufacture, sell and distribute Your Products to customers, directly or through multiple tiers of distribution; and (c) create modifications to the Software to be built into Your products, provided that no modifications to the Software will be distributed under this Agreement except as integrated or embedded in object code form only with or into Your Products ("Your Modifications"); and d) to copy the Software as reasonably necessary to exercise the license rights granted in this Section 1, including making a reasonable number of copies for backup and archival purposes.

2. LICENSE RESTRICTIONS.

You may not distribute any of the Software under this Agreement, except integrated or embedded in object code form only with or into Your Products. You may not copy the Software except for a reasonable number of machine-readable copies of the Software for backup or archival purposes and except as expressly permitted in the License section above. You will reproduce all of Devicescape's and its licensor(s)' copyright notices and any other proprietary rights notices on all copies of the Software that You make hereunder.

3. LICENSE LIMITATIONS.

Your rights in the Software will be limited to those expressly granted in Section 1. Devicescape and its licensors reserve all rights and licenses in and to the Software not expressly granted to You under this Agreement.

4. OWNERSHIP.

You acknowledge and agree that, as between the parties, Devicescape owns all right, title and interest in and to the Software, including all intellectual property rights therein. You will not earn or acquire any rights or licenses in the Software or in any Devicescape intellectual property rights as a result of this Agreement or Your performance under this Agreement. Subject to the provisions of this Section 4, You own and shall continue to own all right, title, and interest in and to the Your Products (except for any Software incorporated therein) and Your will be the sole and exclusive owner of the Your Modifications. You hereby grant Devicescape a worldwide, fully paid up, perpetual, irrevocable, nonexclusive license under Your intellectual property rights in or embodied by Your Modifications to make, use, sell, reproduce, modify, create derivative works of, distribute, sublicense and otherwise commercially exploit Your Modifications in any manner that Devicescape deems appropriate. For the avoidance of doubt, You shall have no obligation to deliver, disclose or otherwise provide any of Your Modifications to Devicescape.

5. NO SUPPORT.

You hereby understand that no formal support is provided under this Agreement. Support may be purchased separately from Devicescape.

6. NO WARRANTY.

You acknowledge that the Software is being provided "AS IS." Devicescape has no obligation to provide any technical support or error corrections for the Software. DEVICESCAPE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.

IN NO EVENT WILL DEVICESCAPE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, REVENUES, BUSINESS OR PROFITS, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE INSTALLATION OR USE OF OR INABILITY TO USE THE SOFTWARE OR FOR ANY ERROR OR DEFECT IN THE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT DEVICESCAPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

8. TERM AND TERMINATION.

Devicescape may terminate this Agreement immediately upon written notice to You in the event that You fail to comply with any term of this Agreement. Upon any termination or expiration of this Agreement: (a) the rights and licenses granted to You under this Agreement will automatically terminate; (b) you must destroy all copies of the Software and (c) you must remove all copies of the Software from the devices and all computers on which the Software is installed. The provisions of Sections 2 - 10 will survive any termination or expiration of this Agreement.

9. GENERAL.

Although fully assignable and transferable by Devicescape, You may not assign this Agreement, in whole or in part, by operation of law or otherwise, without the prior written consent of Devicescape. Any attempted assignment without such consent will be void and of no effect. This Agreement will be governed by and construed in accordance with the laws of the State of California, USA (excluding its body of law controlling conflicts of law). The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in the Northern District of California and the parties hereby consent to the personal jurisdiction and venue therein. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such provision will be construed so as to be enforceable to the maximum extent permissible by law, and the remaining provisions of the Agreement will remain in full force and effect. The waiver of any breach or default will not constitute a waiver of any other right hereunder or of any subsequent breach or default. This Agreement constitutes the entire and exclusive agreement between the parties pertaining to the subject matter hereof, and supersede any and all prior agreements, communications, and understandings (both written and oral) regarding such subject matter. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties.

10. CONTACT INFORMATION

If you have any questions about this Software License Agreement, or if you want to contact Devicescape for any reason, please direct all correspondence to: Devicescape Software, Inc., 1001 Bayhill Drive #185, San Bruno, CA 94066, United States of America.

Devicescape is a registered trademark of Devicescape Software, Inc.